Terms of Service

Introduction

These Terms of Service set forth the legal agreement between GENIEFANTOME OÜ, commercially operating as Ghost Genius, a company incorporated under the laws of Estonia with registered number 17297613 and VAT number EE102888081, and any individual or legal entity accessing or using the Ghost Genius platform, website or related services. By creating an account, accessing the platform, or using any of the services, you acknowledge that you have read, understood, and agreed to be bound by these Terms of Service.

Ghost Genius provides access to its application programming interface and related services primarily intended for business use but available to any eligible customer. These Terms govern all use of the service, including any trial periods, paid subscriptions, and future updates or improvements, and they apply regardless of whether you act as an individual or on behalf of a legal entity.

If you do not agree with these Terms, you must not use the service. Ghost Genius reserves the right to update or amend these Terms at any time, with changes taking effect from the moment they are published on the website. Continued use of the service after such updates constitutes acceptance of the revised Terms.

Definitions

The term “Service” refers to the Ghost Genius platform, including the application programming interface (API), website, software, documentation, and any related features or tools provided by the company.

The term “Company” refers to GENIEFANTOME OÜ, commercially operating as Ghost Genius.

The term “User” refers to any natural person accessing or using the Service, whether acting in an individual capacity or on behalf of a legal entity.

The term “Customer” refers specifically to a User who has registered an account and subscribed to the Service, whether on a trial basis or under a paid plan.

The term “Account” refers to the personal or business profile created by a Customer to access and use the Service, secured by authentication credentials.

The term “Subscription” refers to the contractual arrangement between the Customer and the Company, granting the Customer access to the Service in exchange for payment of recurring fees, as determined by the chosen plan.

The term “Credits” refers to the units of consumption used within the Service to access and make calls to the API. Free trial accounts are allocated a limited number of Credits, and paid Subscriptions grant additional Credits based on usage.

The term “Stripe Checkout” refers to the third-party payment service operated by Stripe, Inc., through which all payments for Subscriptions are processed on behalf of the Company.

The term “Terms” refers collectively to these Terms of Service and any amendments or updates thereto.

Scope of Services

Ghost Genius provides access to its platform and application programming interface (API), enabling Customers to retrieve and process professional data in accordance with the features described on the website and documentation. The Service is offered on a subscription basis, with usage measured through the allocation and consumption of Credits.

The Company does not guarantee that the Service will meet every specific requirement of the Customer and does not warrant that the Service will be uninterrupted, error-free, or permanently available. The Service may be subject to maintenance, updates, or improvements, which the Company may perform at any time without prior notice.

Access to the Service requires the creation of an Account, and Customers remain responsible for keeping their credentials secure and not sharing them with unauthorized parties. Use of the Service is strictly limited to lawful purposes, and Customers shall not employ it in violation of laws, regulations, or the rights of third parties.

The Company does not provide consulting or personalized integration services unless expressly agreed in writing. The scope of the Service is limited to technical access, available functionalities, and reasonable customer support as described on the website.

The Company reserves the right to modify, suspend, or discontinue any part of the Service, provided such modifications do not materially reduce the core functionalities of an active Subscription.

Account and Access

To access the Service, each Customer must create a unique Account by providing accurate and complete information during the registration process. The Customer is solely responsible for maintaining the confidentiality of their authentication credentials and for all activities carried out under their Account. Any unauthorized use or suspicion of compromise must be immediately reported to the Company.

The creation of multiple Accounts by the same Customer with the intention of circumventing limitations of the Service, such as exceeding free trial allocations or avoiding payment of Subscription fees, is strictly prohibited. The Company reserves the right to suspend or terminate without notice any Accounts found to be in violation of this rule, without compensation or refund.

Customers are responsible for ensuring that their use of the Service complies with all applicable laws and regulations. The Company shall not be held liable for any unauthorized, unlawful, or fraudulent use of an Account.

The Company may suspend or restrict access to an Account in cases of breach of these Terms, suspected abuse of the Service, or failure to meet payment obligations. Such measures may be applied immediately and without prior notice where necessary to protect the integrity of the Service.

Subscriptions, Payments and Taxes

The Service is offered under a subscription model, with access granted upon successful payment of the applicable fees through Stripe Checkout. Usage of the Service is measured in Credits, and each API request or operation deducts the corresponding number of Credits from the Customer’s Account. Subscriptions provide Customers with a recurring allocation of Credits as defined by the selected plan. At the beginning of each new billing cycle, the allocated Credits are reset and any unused Credits from the previous cycle are permanently lost and cannot be carried over.

New Customers may benefit from a free trial, which includes up to one hundred Credits. The trial is offered solely for evaluation purposes and may not be abused, duplicated, or extended through the creation of multiple Accounts. The Company reserves the right to suspend or terminate any trial Account in case of misuse.

All subscription fees are billed in advance and are non-refundable. By subscribing, the Customer expressly acknowledges and agrees that no refunds will be granted under any circumstances, including but not limited to partial use of the Service, unused Credits, or disruptions beyond the reasonable control of the Company. Customers remain responsible for managing their Subscription and ensuring timely cancellation if they no longer wish to use the Service.

All prices displayed on the website or during the checkout process are exclusive of taxes. Value-added tax (VAT) or any other applicable taxes will be added to the subscription fees in accordance with the Customer’s billing address and applicable tax regulations. Customers are responsible for any additional duties, levies, or charges imposed by their jurisdiction.

In the event of a failed payment, expired card, or inability of Stripe Checkout to process the transaction, the Company may automatically suspend or terminate the Customer’s access to the Service. The Company is under no obligation to preserve data, Credits, or Account information following termination due to non-payment.

Data Protection and Privacy

The Company collects and processes personal data in the course of providing the Service. By using the Service, Customers acknowledge that such data will be processed in accordance with the Company’s Privacy Policy, which forms an integral part of these Terms.

The Privacy Policy describes in detail the categories of data collected, the purposes of processing, the rights of data subjects under applicable data protection laws, and the measures implemented to safeguard personal information. Customers are strongly encouraged to review the Privacy Policy carefully, as continued use of the Service constitutes acceptance of its terms.

The Company shall comply with applicable data protection regulations, including the General Data Protection Regulation (GDPR) where relevant, and shall act either as a data controller or as a data processor depending on the circumstances of use. Where required, Customers may enter into a Data Processing Agreement (DPA) with the Company to govern the handling of personal data on their behalf.

Intellectual Property

All intellectual property rights relating to the Service, including the platform, the application programming interface, the software, the design, the trademarks, and any associated content, are and shall remain the exclusive property of the Company or its licensors. Customers are granted a limited, non-exclusive, non-transferable, and revocable right to use the Service strictly in accordance with these Terms.

Customers shall not copy, modify, reproduce, distribute, publicly display, create derivative works, nor attempt to reverse engineer, decompile, or extract source code, except to the extent permitted by law. Any unauthorized use of the Service or its content constitutes a violation of intellectual property rights and may result in immediate termination of the Customer’s Account, in addition to potential legal action.

Nothing in these Terms shall be construed as transferring ownership of any intellectual property rights from the Company to the Customer. All rights not expressly granted herein are reserved by the Company.

Customers who wish to use the Service or its underlying technology in ways not explicitly permitted by these Terms, including the development of integrations, partnerships, or commercial collaborations, must first obtain the Company’s prior written consent. The Company welcomes inquiries regarding partnership opportunities, which may be addressed through the official contact channels provided on the website.

Availability and Liability

The Company endeavors to ensure that the Service is accessible and operational with reasonable continuity and reliability. While the Company applies commercially reasonable measures to maintain the availability and performance of the platform, no guarantee is made that the Service will be uninterrupted, free from errors, or immune to technical issues. Scheduled maintenance, updates, or unforeseen interruptions may occasionally affect access.

The Customer acknowledges that the Service is provided “as is” and that its use is at the Customer’s own risk. To the fullest extent permitted by law, the Company disclaims all warranties, whether express or implied, including but not limited to fitness for a particular purpose, accuracy of results, or non-infringement of third-party rights.

The Company shall not be liable for indirect, incidental, or consequential damages, including loss of profits, loss of business opportunities, loss of data, or reputational damage, arising from the use of or inability to use the Service. The Company’s total liability for any claim shall not exceed the subscription fees paid during the three months preceding the event giving rise to the claim.

Nothing in these Terms shall exclude or limit liability where prohibited by law, including liability for fraud, willful misconduct, or personal injury caused by negligence.

Termination

Customers may terminate their Subscription at any time by managing their account settings through the platform or the payment provider’s interface. Termination will take effect at the end of the current billing cycle, and the Customer will not be entitled to any refund of fees already paid. Upon termination, any unused Credits shall be permanently lost and cannot be recovered or transferred.

The Company reserves the right to suspend or terminate a Customer’s Account with immediate effect in cases of material breach of these Terms, including but not limited to non-payment, fraudulent or abusive use, or violation of applicable laws and regulations. In such cases, the Customer shall not be entitled to any compensation or refund.

Upon termination for any reason, the Customer’s access to the Service will be disabled, and the Company may delete any data, information, or settings associated with the Account. The Company shall have no obligation to maintain or return such data once the termination becomes effective.

Governing Law and Jurisdiction

These Terms of Service shall be governed by and construed in accordance with the laws of Estonia. Any dispute arising out of or in connection with the use of the Service shall be subject to the exclusive jurisdiction of the competent courts of Estonia.